Image

HCA 13/70 f.195r: Right click on image for full size image in separate window

Transcription

21th of ffebruary 1654. [CENTRE HEADING]

Lord Protector against Brewer.}
Budd. Smith.}

Examined upon an allegation given in on the
behalfe of the said Brewer.

Smith}
[?Browne]} dt.

1

Richard Darnelle of the parish of Allhallowes
Thamestreet London citizen and haberdasher of
London, aged 40 yeares or thereabouts sworne and examined.

To the first article of the said allegation hee saith and deposeth that by
the usuall and common computation of the measure of oile in this
nation, two hundred and fiftie two gallons of sweete
oyle, doe make a tonne, And that by the same computation and measure
this citie, whosoever sells a tonne of sweete oile without declaration
or specification of howe many gallons hee will deliver to the tonne, is
understood to be liable to deliver and is to deliver two hundred fiftie
and two gallons to the tonne, which hee knoweth
for that hee this deponent is an oile-man and hath exercised that
trade as apprentice and freeman for theise twenty yeares last
past or thereabouts in this citie, and saith it is notorious
that where the number of gallons to the tonne are not expressely contracted
for, then 252 gallons are intended to be bought and
sold in the selling and buying of a tonne of sweeteoiles, and accordingly
to be delivered.

To the second article hee saith and deposeth that this deponent hath
bin a freeman in the trade aforesaid for theise fourteene yeares last
in that space hee hath somtimes bought sweete oiles after
252 gallons to the tonne in this Citie of London, and that
although hee hath not before hand contracted for howe many
gallons hee should have to the tonne, but contracted meerly
by the tonne, without specification of howe many gallons
should be delivered to the tonne, hee hath had allowance of
252 gallons of sweete oiles to the tonne. And otherwise hee
cannot depose.

To the third hee referreth himselfe to his foregoeing deposition and
otherwise hee cannot depose.

To the fourth hee saith that about foure monethes since
there was a triall at guildhall London betweene Mr Brewer
and a merchant of this citie (whose name hee remembreth not)
wherein Mr Brewer demannded 252 gallons
to the tonne of sweeteoiles, and the said merchant would
deliver but 236 gallons, and therein the said Mr Brewer obtained
against the said merchant, And otherwise hee cannot depose.